The Guarantor Contract serves as a critical risk mitigation tool in Malaysian business and financial transactions. This document is commonly used when a creditor requires additional security for extending credit or financial facilities to a principal debtor. The contract must comply with Malaysian legal requirements, particularly the Contracts Act 1950 and related legislation. It typically includes detailed provisions on the scope of the guarantee, enforcement mechanisms, and the rights and obligations of all parties. The document is essential in various contexts, from corporate financing to personal loans, and must be properly executed and stamped to be enforceable under Malaysian law. The Guarantor Contract can be used for both individual and corporate guarantors, with specific additional provisions required for corporate guarantors under Malaysian company law.
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1. Parties: Identification of the Guarantor, Principal Debtor, and Creditor with complete details
2. Background: Context of the guarantee, relationship between parties, and reference to the principal agreement being guaranteed
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Guarantee and Indemnity: Core guarantee obligations, scope of guarantee, and indemnity provisions
5. Nature of Guarantee: Continuing security nature, primary or secondary obligation status
6. Guarantor's Representations and Warranties: Guarantor's confirmations about their capacity and authority to provide the guarantee
7. Payment Obligations: Terms of payment, timing, and method of payment under the guarantee
8. Preservation of Rights: Creditor's rights preservation and non-prejudice clauses
9. Discharge and Release: Conditions for discharge of guarantee and release of guarantor
10. Enforcement: Rights and mechanisms for enforcing the guarantee
11. Notices: Communication procedures between parties
12. Governing Law and Jurisdiction: Application of Malaysian law and jurisdiction clauses
1. Security: Include when the guarantee is secured against specific assets
2. Interest: Include when interest is chargeable on guaranteed amounts
3. Multiple Guarantors: Include when there are multiple guarantors to define joint and several liability
4. Assignment and Transfer: Include when rights under the guarantee may be assigned or transferred
5. Corporate Guarantor Provisions: Include when the guarantor is a corporation rather than an individual
6. Currency Provisions: Include when the guarantee involves foreign currency obligations
7. Set-off Rights: Include when set-off rights are to be explicitly granted to the creditor
1. Principal Agreement Details: Details of the main agreement being guaranteed including key terms and obligations
2. Guaranteed Obligations: Specific list or description of the obligations covered by the guarantee
3. Security Details: Description of any security provided in support of the guarantee
4. Form of Demand: Standard form for making demands under the guarantee
5. Guarantor Information: Detailed information about the guarantor including financial statements if corporate guarantor
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